Shatrudhan Singh @ Shatrughna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27404 of 2020 Arising Out of PS. Case No.-467 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== SHATRUDHAN SINGH @ SHATRUGHNA SINGH S/o Pathalu Singh Resident of Village- Bangra Muza, P.S-Dewriya, District-Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Paroo P.S. Case no. 467 of

Patna High Court CR. MISC. No.27404 of 2020(2) dt.20-10-2020 2/3 2019 instituted for the offence under Sections 307, 34 of the IPC, Section 27 of the Arms Act and Section 30, 30(a) of the Bihar Prohibition and Excise Act, 2018 The prosecution case alleges that the police have recovered illicit liquor from a truck.It is submitted that many persons were fleeing away and co-accused, namely, Dharmendra Das has been taken into custody from the place of occurrence. Petitioner's counsel submits that amongst many other accused persons whose name was taken by co-accused, namely, Dharmendra Das, having no evidentiary value, the petitioner's name also figures. Submission is also of false implication due to his criminal antecedents. The co-accused, who is said to have stated the petitioner's name, has been allowed bail by order dated 13.10.2020 passed in Cr. Misc. no. 20992 of 2020. There is no recovery from the possession of petitioner. The petitioner is in custody upon remanded in the instant case on 17.04.2020.

The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise Act,

Patna High Court CR. MISC. No.27404 of 2020(2) dt.20-10-2020 3/3 Muzaffarpur, in connection with Paroo P.S. Case no. 467 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T